Patent claim limitations that are “negative”—that is, claim limitations specifying the absence of a particular element from the patent claim—can pose a dilemma in the written description context. How much of the specification...more
Confronting a life sciences patentee with its statements to regulatory bodies (such as the FDA) is a textbook defense strategy in patent litigation. After all, communications with regulatory bodies are often performed by...more
Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot...more
9/9/2021
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Life Sciences ,
Patent Applications ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Pharmaceutical Industry ,
USPTO
The Institute of Electrical and Electronics Engineers, Inc. (“IEEE”) is the well-known engineering standards organization often cited in patent litigations to inform issues ranging from claim construction to the state of the...more
In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) –...more
2/17/2017
/ Common-Interest Privilege ,
Confidential Communications ,
Counterfeiting ,
Financial Institutions ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Technology ,
Third-Party Relationships
In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S. Patent Office can be appealed. While anyone can file an IPR petition, not...more
The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by...more
12/21/2016
/ Generic Drugs ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Laches ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Summary Judgment ,
Willful Infringement